Legal Question in Employment Law in California
Employment-payroll
My employer failed to file the appropriate paperwork when my health necessitated that I miss work for 6 weeks. They continued my regular paychecks while I was out so now they claim I owe them 6 weeks pay.I have been back at work for six weeks now and every pay period I receive a check for zero dollars. Is this legal in the state of California to not pay someone at all?
1 Answer from Attorneys
Re: Employment-payroll
No, employers cannot use self-help to take money back that may be owed to them. While you may have to pay the money back, it should be done on a basis you can afford. You could file a complaint with the California Labor Commissioner to get your money back, if it's worth it to you. However, you are going to have to work out some payment plan, as it sounds as though you received money you should not have.
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